Retail Fraud 1st degree and Conspiracy 1st degree

:wallbang: :wallbang:

Ok i'm cutting the small talk and the "oh I'm such a good person who made a bad decision and all that other horse poop" !! I live in a small community in Michigan. I was friends with a cashier at Wal-mart. I am a regular shopper there and usually went through her line because I knew her. I also did a lot of price comping meaning- I would bring in an add from another store and get the add price for the same item plus 5% more off. Which was great- I don't work and saved money. I had back surgery in July of 06 and am still under doctor's care.

Well the beginning of November she said if I give you a list of items I want will you get them for me and I will not ring them up but desensitize them and come pick them up after work. Also, you can get some stuff and keep it. So being out on my luck right now- I knew it was wrong but went through with it. The mean time 6 other people I know got involved as well. Needless to say on the 24th of November we got caught. Being greedy and stupid we went in and got a lot of merchandise. I was the one they pointed at as being the main person. I had stuff at my house and the detective made me sign a search and seizure paper to come to my house and look for stolen merchandise. I was also the last person they talked too so I was basically TOLD what to write in my statement so I could go home. I have never been in trouble before minus 2 DUI's that were dropped and I was given probation for. I haven't had any trouble since besides a Domestic violence charge where I AM completely and totally HONESTLY Innocent. My ex b/f was the abuser and was drunk but lied and said I stabbed him. I am well known in my community and they KNOW I didn't do anything.

So back to the wal-mart incident- the detective brought me home and took stuff out of my apartment. I wasn't arrested at this point- just brought home and told that the more I cooperate with the detective the less of a charge I would get.

I never again talked to the detective because I talked to a family lawyer and he said not too. It was just his way of finding more dirt to convict me with. Three days after Christmas I was arrested for Retail Fraud 1st degree and Conspiracy to Retail Fraud 1st degree. I bonded out at 2022.00 by my dad. We are by NO means a rich or well to do family. It was part of my inheritance and well now my dad has no money for the lawyer.

I went for my arriagnment today at 8:45 am and wasn't even given an opportunity to plead not guilty, guilty, stand mute or no contest. He just knew me and said here is a date and time which is in 2 days for a preliminary examination. I am trying to get my bond money back for a lawyer. He gave me a court appointed pretender but this town is so small they are all tied together and I am afraid of the outcome. I do NOT want to go to jail and do NOT want to lose my place of residence.

My questions are probably stupid and I already know the answers to them but here they are:

1.What are my chances of dropping one charge to nothing and the other to a misdemeanor if I have no prior convictions or felonies?

2.Should I take a plea bargain on Wednesday or take it to trial?

3. Shouldn't the cashier be the main person and not me?

4. Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

5. What is the lowest minimum sentence you can predict out of this considering it is my first charge and I have a court appointed attorney?

Thanks-
Stupid

1.What are my chances of dropping one charge to nothing and the other to a misdemeanor if I have no prior convictions or felonies?

A: About 50-50, more or less.



2.Should I take a plea bargain on Wednesday or take it to trial?

A: That is entirely up to you.



3. Shouldn't the cashier be the main person and not me?

A: Her actions don't make you any less guilty.



4. Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

A: Are you saying you were lying then but now you want to tell the truth?


5. What is the lowest minimum sentence you can predict out of this considering it is my first charge and I have a court appointed attorney?

A: What is the statute number you are charged with? Or, even better, ask your lawyer.

My questions are probably stupid and I already know the answers to them but here they are:

1.What are my chances of dropping one charge to nothing and the other to a misdemeanor if I have no prior convictions or felonies? As yu were told 50/50 but discuss this with your Attorney

2.Should I take a plea bargain on Wednesday or take it to trial? Again this is something to discuss with your Attorney

3. Shouldn't the cashier be the main person and not me? The cashier's invovement mean snothing to you. Thsi case is about you and your part in it if charges are pressed on cashier it will still not help or hurt you

4. Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?How were you coericed?

5. What is the lowest minimum sentence you can predict out of this considering it is my first charge and I have a court appointed attorney?Laws vary bu state and charge

Quote:

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Quoting seniorjudge

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1.What are my chances of dropping one charge to nothing and the other to a misdemeanor if I have no prior convictions or felonies?

A: About 50-50, more or less.



2.Should I take a plea bargain on Wednesday or take it to trial?

A: That is entirely up to you.



3. Shouldn't the cashier be the main person and not me?

A: Her actions don't make you any less guilty.



4. Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

A: Are you saying you were lying then but now you want to tell the truth?



5. What is the lowest minimum sentence you can predict out of this considering it is my first charge and I have a court appointed attorney?

A: What is the statute number you are charged with? Or, even better, ask your lawyer.

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:wallbang: Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

A: Are you saying you were lying then but now you want to tell the truth?

NO-I am saying that I was cohearsed into saying what the detective told me that the other people had said. I had no sleep that day and just wanted to go home. Isn't there a way to get my statement suppressed? This isn't going to sound much better but I was going to college for criminal justice to become a parole/probation officer. The judge KNOWS that and I am still not done with my degree. I am also a female not that it really matters.

Quote:

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Quoting stupid30yrold

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:wallbang: Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

A: Are you saying you were lying then but now you want to tell the truth?

NO-I am saying that I was cohearsed into saying what the detective told me that the other people had said. I had no sleep that day and just wanted to go home. Isn't there a way to get my statement suppressed? This isn't going to sound much better but I was going to college for criminal justice to become a parole/probation officer. The judge KNOWS that and I am still not done with my degree. I am also a female not that it really matters.

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Show us where you were coericed and how I don't see it! Even without your statement they have other evidecne againist you!

Quote:

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Quoting stupid30yrold

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:wallbang: Is it possible to write a new statement at this point because I was basically cohersed in writing my statement and what to say or write?

A: Are you saying you were lying then but now you want to tell the truth?

NO-I am saying that I was cohearsed into saying what the detective told me that the other people had said. I had no sleep that day and just wanted to go home. Isn't there a way to get my statement suppressed? This isn't going to sound much better but I was going to college for criminal justice to become a parole/probation officer. The judge KNOWS that and I am still not done with my degree. I am also a female not that it really matters.

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So if you were not lying in the first statement, then why do you want to change it?

We have paint, we have a corner, and you have your Perry Mason moment? She is asserting an implicit distinction between "false words put into my mouth by the police" and "false words I spoke myself", but either way, obviously, she signed her name to what she now contends are false statements.

I want to re-write it because it was all basically against me and other people that weren't involved. I am saying that it is wrong for the cop to tell me "write this down and write that down, so you can go home" now isn't it? How do I go about getting it suppressed? The detective still wants to talk to me and said just because it says that on paper what I am being charged with doesn't mean it has to be that. But isn't it Wal-mart charging me and not the detective. Doesn't the judge decide the final outcome anyways and what the charge will be?

NO- it was ONLY false by being cohersed. Don't you know anything? I am not here for a trial or to be bashed. I know what my part in it was and I will face the consequences as I should. You saying I signed my name to something that is false isn't true. I NEVER said it was FALSE- only than the part of being-----forget it. I guess you need something better to do with your time AAron!!

Quote:

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Quoting stupid30yrold

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NO- it was ONLY false by being cohersed. Don't you know anything? I am not here for a trial or to be bashed. I know what my part in it was and I will face the consequences as I should. You saying I signed my name to something that is false isn't true. I NEVER said it was FALSE- only than the part of being-----forget it. I guess you need something better to do with your time AAron!!

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So you want to take that statement to court that says you were telling the truth, but you tell the judge that you were NOT telling the truth even though you signed it.

Explain that one.